Delaware

Standard Deviation Can’t Be the Only Test to Prove the ‘Ordinary Course’ Defense

District judge in Delaware says that expert testimony must establish whether standard deviation is a proper statistical test to prove the ‘ordinary course’ defense to a preference.

Court :

3rd Circuit

Delaware

Sufficiency of Preference and Fraudulent Transfer Complaints Described by Judge Goldblatt

To defeat motions to dismiss, preference and fraudulent transfer complaints need not contain all the information to be learned in discovery, Bankruptcy Judge Craig Goldblatt says.

Court :

3rd Circuit

Delaware

Judge Goldblatt Engrafts the Standing Rules from Truck Insurance onto Chapter 7

At least with regard to standing for objections to claims, Delaware’s Judge Craig Goldblatt believes that the Truck Insurance standard for chapter 11 also applies in chapter 7.

Court :

3rd Circuit

Delaware

Delaware Judge Sets the Standards for Nondebtor Releases Following Purdue

Nondebtor releases are valid whether the creditor votes for or against the plan, as long as notice to opt out was clear and conspicuous.

Court :

3rd Circuit

Delaware

The ‘Home Court’ Rule Does Not Apply in Chapter 15 Cases, District Judge Says

The Delaware district court affirmed Bankruptcy Judge Thomas Horan, who ruled that a creditor cannot sue a chapter 15 debtor in bankruptcy court on a prebankruptcy claim.

Court :

3rd Circuit

Delaware

Reports by Risk Management Association Admissible to Prove ‘Ordinary Course’ Defense

Extraordinary collection efforts do not preclude invoking the ‘ordinary course’ defense to a preference.

Court :

3rd Circuit

Delaware

Delaware Judge Explains How to Obtain a PI Protecting Nondebtors After Purdue

In the first decision on the topic after Purdue, Delaware’s Judge Goldblatt denied the debtor’s motion for a preliminary injunction to stop a lawsuit against nondebtors.

Court :

3rd Circuit

Delaware

Delaware Judge Pegs Low Values for Crypto Tokens in FTX Bankruptcy Case

The debtor’s prebankruptcy machinations to inflate the value of tokens resulted in low claim valuations in bankruptcy.

Court :

3rd Circuit

Delaware

Can a U.S. Court Sell a Foreign Debtor’s U.S. Assets ‘Free and Clear’?

Delaware’s Judge Laurie Selber Silverstein tackled several novel questions about a U.S. court’s authority in chapter 15 to approve novel, foreign transactions and sell the foreign debtor’s property in the U.S.

Court :

3rd Circuit

Delaware

ERISA Claims Resolved in Bankruptcy Court, Not Through Arbitration

With two federal statutes in conflict, Delaware’s Judge Goldblatt found a rebuttable presumption in favor of enforcing arbitration.

Court :

3rd Circuit

Delaware

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